Selvam v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.4496 of 2019 and Crl.M.P.No.2692 of 2019 Selvam .. Petitioner/Accused Vs.

1.The Inspector of Police, Perundurai Police Station, Erode.

.. Respondent/Complainant 2.Velusamy .. Respondent/De-facto Complainant Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records and quash the Crime No.496 of 2018 on the file of the first respondent/police. For Petitioner : Mr.R.Chandrasudan For Respondents : Mr.M.Mohamed Riyaz, for R1 Additional Public Prosecutor

O R D E R

The prayer sought for in the present petition is to call for the records and quash the Crime No.496 of 2018 on the file of the first respondent.

2. The learned Counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Without any base, the frist respondent police registered a case in Crime No.496 of 2018 for the offence under Section 420 of IPC, as against the petitioner. Hence he prayed to quash the same. 3.

The learned Additional Public Prosecutor would submit that the investigation is almost completed and the respondent police have only to file final report.

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4.

Heard Mr.R.Chandrasudan, learned counsel appearing for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor appearing for the first respondent. 5.

It is seen from the First Information Report that there is a specific allegation as against the petitioner, which has to be investigated. Further the FIR is not an encyclopedia and it need not contain all facts. Further, it cannot be quashed in the threshold. This Court finds that the FIR discloses prima-facie commission of cognizable offence and as such this Court cannot interfere with the investigation. The investigating machinery has to step in to investigate, grab and unearth the crime in accordance with the procedures prescribed in the Code. 6.

In view of the above discussion, this Court is not inclined to quash the FIR. Accordingly, the criminal original petition stands dismissed.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar at/raja To

1. The Inspector of Police, Perundurai Police Station, Erode.

2. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.R.Chandrasekar, Advocate, S.R.No.15929 Crl.O.P.No.4496 of 2019 and M.P.No.2692 of 2019 SSV(CO) SSM(29/03/2019) https://hcservices.ecourts.gov.in/hcservices/